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Published in the Chicago Daily Law Bulletin on March 17, 2026
Where a public body's FOIA search was reasonable but the record still is not determinative of whether there was willful, intentional, or bad-faith noncompliance, summary judgment cannot dispose of the requester 's claim for statutory civil penalties.
In a nonprecedential Rule 23 decision, the 1st District Appellate Court affirmed in part and reversed in part a decision by Cook County Associate Judge David B. Atkins.
James Tobias, an independent journalist, submitted two FOIA requests to the city of Chicago's Office of the Mayor in May 2023. One sought all text messages sent or received by Chief of Staff Richard Guidice on May 15 and 16, 2023. The other sought all text messages between Mayor Brandon Johnson and Chicago Teachers Union president Stacy Davis Gates, including records from May 15, 2023, until the request was processed. The city acknowledged the requests, took a statutory extension, and then failed to produce records by the extended deadline, resulting in a constructive denial. Tobias later sued, alleging the city had failed to comply with FOIA and seeking production of the records, civil penalties and attorney fees.
During the trial-court proceedings, Tobias moved for partial summary judgment, arguing the city had not adequately searched for responsive records and should be ordered to produce them. The city opposed that motion and filed its own cross-motion for summary judgment. With that filing, it finally produced four pages of text messages and argued the case was effectively moot because it had now turned over the records and had conducted a reasonable search. The city also argued civil penalties were unwarranted as a matter of law. The trial court agreed. It found the city's search adequate, rejected Tobias's argument that the search should have extended to the later date when the mayor's phone was actually searched, and concluded the delayed production did not amount to a deliberate or dishonest FOIA violation. Tobias appealed.
On appeal, Tobias challenged both the adequacy of the city's search and the ruling foreclosing civil penalties. The appellate court affirmed the adequacy of the search, but took issue with the summary judgment against civil penalties. Tobias argued that even if the records were eventually produced, the record still allowed a fact finder to conclude the city had acted willfully, intentionally, or in bad faith. He pointed to the long delay, the fact that the city asserted exemptions before it had actually reviewed all of the responsive texts, and the city's decision not to produce the records until mid-litigation. The city answered that its search was reasonable, that it did not possess the responsive records by the original deadline, and nothing in the record showed the kind of deliberate or dishonest conduct needed for penalties.
The appellate court agreed with the city on the search issue but reversed on penalties. It held the search itself was adequate and that Tobias's request could not require the city to search for records that did not yet exist when the request was made. But the court found summary judgment went too far when it declared penalties unavailable. The record showed an admitted FOIA violation, a substantial delay in both searching and producing the texts, and an especially troubling fact: the city had pleaded exemptions to disclosure before it had even obtained and reviewed all the records at issue. The court said standard litigation practice does not permit a public body to claim FOIA exemptions without a factual basis grounded in the actual records. Because those circumstances could support an inference of bad faith, the issue could not be resolved as a matter of law. The court therefore sent the case back for further proceedings on whether civil penalties should be imposed.
The appellate court therefore affirmed in part and reversed in part the decision of the circuit court.
JAMES TOBIAS V. CITY OF CHICAGO OFFICE OF THE MAYOR
2026 IL App (1st) 241435-U
Writing for the court: Justice James Fitzgerald Smith
Concurring: Justices Nathaniel R. Howse Jr. and Cynthia Y. Cobbs
Released: March 2, 2026
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FOR IMMEDIATE RELEASE: April 22, 2026 Media Contact Information: Aaron Franco, communications director (312) 520-9802 aaronfranco@isms.org
CHICAGO – Tripti C. Kataria, M.D., M.B.A., M.P.H., is the new president of the Illinois State Medical Society (ISMS) following its recent annual meeting. Dr. Kataria will become the first woman of color to hold this office. Dr. Kataria earned her medical degree at the University of Missouri-Kansas City, then completed an anesthesiology residency at Brigham & Women’s Hospital in Boston, Massachusetts followed by a fellowship in cardiothoracic anesthesiology at Mount Sinai Medical Center in New York. She also earned an M.P.H. in Health Policy and Management from Harvard University and an M.B.A. from the University of Michigan. As a part of Physician Anesthesia Consultants physician group, Dr. Kataria practices as an independent attending anesthesiologist at community teaching hospitals, free-standing surgical centers and private physician offices throughout the Chicagoland area. She has been an active member of ISMS for more than 15 years, most recently serving as president-elect. She has also served as speaker, vice speaker and chair of the Governmental Affairs Council. Dr. Kataria is actively involved in leadership roles within the American Medical Association (AMA), American Society of Anesthesiologists (ASA), and the Illinois Society of Anesthesiology (ISA), where she previously served as President from 2020-2021. Dr. Kataria’s term as president will run through April 2027.
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Founded in 1840, ISMS is a professional membership association representing Illinois physicians in all medical specialties, and their patients, statewide.
CHICAGO – The outstanding contributions and commitment of three Illinois physicians were recognized by the Illinois State Medical Society (ISMS) during its annual meeting this past weekend. The doctors are recipients of awards that celebrate the achievements of Illinois physicians in the fields of medicine, education, advocacy and volunteering. These three physicians were chosen for recognition among the many quality nominations received. Physician of the Year An addiction medicine physician whose advocacy and education work have had a profound impact on the community, Ruchi Fitzgerald, M.D., is the recipient of the 2026 ISMS Physician of the Year award. Dr. Fitzgerald is the service chief for PCC Community Wellness Center-MacNeal Hospital’s addiction medicine consult service and an associate professor in the Department of Family and Preventive Medicine at Rush Medical College. As a family physician and addiction medicine specialist, she has expanded the scope of services for pregnant women experiencing substance use disorder across diverse settings. She has spent her career focused on advancing equitable addiction treatment, reducing the stigma of addiction for new mothers and increasing access to evidence-based treatment for underserved communities, including those on Chicago’s West Side. Beyond the hospital setting, she has contributed clinical expertise to policy reforms regarding perinatal substance use disorder treatment in Illinois and served as a subject matter expert for the White House Office on National Drug Control Policy. Physician Leader of the Year A nationally recognized educator, researcher and specialist in pediatric infectious diseases, Archana Chatterjee, M.D., PhD, is the recipient of the 2026 ISMS Physician Leader of the Year award. As Dean of the Chicago Medical School and Senior Vice President for Medical Affairs at Rosalind Franklin University, she ushered the institution through the arrival of the COVID-19 pandemic and secured the school’s first eight-year Liaison Committee on Medical Education (LCME) accreditation in over two decades. Under her tenure, the school also saw increased student enrollment, expanded clinical partnerships across multiple states and the tripling of endowed scholarships for under-resourced students. Dr. Chatterjee is a nationally recognized authority in pediatric infectious diseases and vaccinology, serving on the FDA’s Vaccines and Related Biological Products Advisory Committee and multiple other advisory bodies. Throughout her 30-year career, she has coauthored over 200 peer-reviewed publications and led more than 120 clinical trials, contributing to the licensure of many life-saving vaccines used worldwide. Her selection also recognizes a trailblazing career: Dr. Chatterjee is the first woman and person of color to serve in her current role, and she is the first woman of South Asian descent to serve as dean of a LCME-accredited medical school. Physician Volunteer of the Year For his work as an orthopedic surgeon and for his commitment to expanding global access to specialty surgical care, Andre Ivy, M.D., is the recipient of the 2026 ISMS Volunteer Physician of the Year award. Dr. Ivy is an orthopedic surgeon at Duly Health and Care who specializes in hand and upper-extremity surgery. An international fellowship in the East African country of Tanzania led him to found a nonprofit called HandZania in 2019. Since then, Dr. Ivy has worked to bridge the gap in surgical care for a country that previously lacked a single specialized hand surgeon. Through the nonprofit, Dr. Ivy conducts recurring training missions and provides long-term mentorship to local surgeons in Tanzania. His exchange model also brings Tanzanian surgeons to the United States for three-month immersions, where they live with his family, train at his practice and travel around the country learning from other hand surgeons. A graduate of the University of Cincinnati College of Medicine, Dr. Ivy views international service as one way to make an impact on the world while embodying the highest professional ideals of service, education and humility.
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ISMS recognizes physicians in these award categories every year at its annual meeting for members. These awards were created to recognize and show appreciation for individual Illinois physicians for their commitment to serving their patients and community. If you know of an Illinois physician who should be nominated for a future award, please contact our Membership Division by email. Founded in 1840, ISMS is a professional membership association representing Illinois physicians in all medical specialties, and their patients, statewide.
FOR IMMEDIATE RELEASE: April 15, 2026 Media Contact Information: Carrie Skogsberg (309) 821-4175 news@countryfinancial.com
As planting season begins and farmers head back into the fields, COUNTRY Financial is encouraging the agricultural community to prioritize safety and check on farm insurance coverages. Taking proactive steps now can help reduce accidents, prevent breakdowns and protect farm operations during one of the busiest times of the year. COUNTRY received more than 180 farm equipment collision claims between the months of March and June 2025. These claims include collisions on the road with other vehicles, as well as collisions with buildings or other equipment on the farm. “The planting window is short, and farmers can’t afford to lose time to setbacks from accidents, which unfortunately can happen when rushed or not prepared,” said Zack Hinthorn, agribusiness underwriter at COUNTRY. “Taking time now, before the rush begins, keeps farmers safe and operations running smoothly.” Hinthorn shares the following tips for a safe and successful planting season: Improve visibility on the road
Accidents involving farm equipment often occur at dawn or dusk during peak commuting hours, especially when motorists attempt to pass slow-moving vehicles or do not anticipate turns or stops. Use flashing lights, ensure reflective tape and Slow-Moving Vehicle emblems are clean and confirm all lights are functioning properly to help maximize visibility and reduce risk. Remember to use turn signals, as drivers often misinterpret a tractor moving to the right side of the road before making a left turn.
Drivers should plan ahead during the busy planting season, remembering that farmers will be on the road and allowing for extra time. Slow down, stay focused on the road and look for the lights on farm vehicles. Prepare equipment Equipment malfunctions are a common cause of farm accidents. Thoroughly inspect and maintain all farm equipment before hitting the fields. Regular maintenance such as checking worn parts, replacing filters and lubricating moving components can reduce unexpected breakdowns and improve overall safety. Take extra caution when handling chemicals Chemical safety is another critical focus during planting season. Review safe handling procedures for fertilizers, pesticides and other hazardous materials with all farm workers to help ensure everyone is aligned on proper protocols. Have Safety Data Sheets (SDS) on-hand in case of emergency and ensure the use of personal protective equipment, including gloves, goggles and masks. “Safety on the farm isn’t just about equipment—it’s about awareness, communication and looking out for one another,” Hinthorn said. “Refreshing safety practices each season helps prevent injuries and protects everyone involved.” Prevent theft Theft of tools, chemicals and other personal property is common during planting season and can occur when equipment is left unlocked in the field, and when farmers are in and out of sheds frequently and don’t close and lock the doors. Take time to ensure valuable items are secured. Check insurance coverage and review extra coverage options Farmers should check their farm insurance coverages to be sure they have the right endorsements and coverages. For example, with Extra Expense coverage, a farmer who has a covered loss on a piece of equipment may be able to receive additional payment to rent equipment and resume operations. Farmers who sell seed corn need to purchase additional coverage. Check farm inventory lists to be sure they are accurate and up-to-date, especially if you have sold or purchased new equipment. Meeting with an insurance agent to discuss equipment, buildings, livestock, crops and employees can help ensure proper protections are in place and that any recent changes to operations are addressed. Take care of your health Finally, farmers are encouraged to prioritize their health and wellbeing. Long hours and physical demands can take a toll, making it important to take breaks, eat healthy meals, get enough rest and understand how medications may affect alertness. Let family members or employees know where you’re working and keep a phone or walkie‑talkie nearby in case of emergency. Taking time to prepare for a safe planting season helps prevent accidents, reduce stress and protect against the unexpected. COUNTRY Financial has been protecting farms for more than 100 years and has more than 400 Farm Certified representatives ready to serve farmers’ crop, farm and liability insurance needs. For more information, visit countryfinancial.com/farm. Policies issued by COUNTRY Mutual Insurance Company®, Bloomington, IL, an equal opportunity provider.
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